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Statutory Instruments
national health service, england
Made
13th September 2006
Coming into force
1st October 2006
The Secretary of State for Health makes the following Order in exercise of the powers conferred upon her by sections 16A(1) and (2) and 126(3) and (4) of, and paragraph 1 of Schedule 5A to, the National Health Service Act 1977(1) and section 45 of the Health and Social Care Act 2001(2).
She is of the opinion that designation of the Solihull Primary Care Trust as a Care Trust would be likely to promote the effective exercise by that trust of functions as specified in section 45(1)(b) of the latter Act.
1977 c.49; section 16A was inserted by section 2(1) of the Health Act 1999 (c.8) (“the 1999 Act”); section 16A(1) was substituted for section 16A(1) as originally enacted by sections 2(1) and (2) of the National Health Service Reform and Health Care Professions Act 2002 (c.17)(“the 2002 Act”); section 126(3) was amended by section 65(2) of the National Health Service and Community Care Act 1990 (c.19)(“the 1990 Act”), paragraph 57 of Schedule 1 to the Health Authorities Act 1995 (c.17) and section 41(10) of, and paragraph 27 of Schedule 2 to, the National Health Service (Primary Care) Act 1997 (c.46); section 126(4) was amended by section 65(2) of the 1990 Act, section 65(1) of, and paragraph 4, 37(1) and (6) of Schedule 4 to, the 1999 Act, section 67(1) of, and paragraphs 5(1) and (13)(b) of Schedule 5 to, the Health and Social Care Act 2001 (c.15) (“the 2001 Act”), sections 6(3)(c) and 37(1) of, and paragraphs 1 and 10(a) of Schedule 8 to, the 2002 Act and by sections 184 and 196 of, paragraphs 7 and 38 of Schedule 11 to, and Part 4 of Schedule 14 to, the Health and Social Care (Community Health and Standards) Act 2003 (c.43)(“the 2003 Act”); paragraph 1 of Schedule 5A was inserted by section 2(2) of the 1999 Act. The functions of the Secretary of State under these provisions are, so far as exercisable in relation to Wales, transferred to the National Assembly for Wales by article 2(a) of the National Assembly for Wales (Transfer of Functions) Order 1999, S.I. 1999/672 (“the 1999 Order”); see the entry in Schedule 1 to the 1999 Order for the National Health Service Act 1977 (c.49) as amended by section 66(4) and (5)(a) of the 1999 Act, section 67(1) of, and paragraph 12(1) and (3) of Schedule 5 to, the 2001 Act and section 196 of, and Part 4 of Schedule 14 to, the 2003 Act.
2001 c.15. For the purposes of that Act, the relevant authority is defined by section 66 to mean, in relation to England, the Secretary of State.
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